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The Case of the EU
from Part III - A Regional System
Published online by Cambridge University Press: 17 February 2022
Chapter 6 discusses the functioning of a regional system of competition law during a time of populism. This chapter is focused on the EU competition law system. Four topics are addressed. The first is the EU legislative initiative, which is aimed to empower national competition authorities, i.e. the ECN+ Directive.It is argued that this directive is not likely to resolve the problems faced by national competition law regimes subject to populists’ government’s pressure. Second, the chapter analyses what is the reaction of the EU competition law system to developments at the national level brought about by populists’ governments. Both the reactions of the EU institutions (the European Commission and the Court of Justice) and national institutions are analyzed. The insufficiency of these reactions is examined and explained. Third, the chapter outlines and examines the deficit of trust in the decentralized system of enforcement of EU competition law and shows how the rise of populism can have consequences for the EU competition law system, including the functioning of the European Competition Network. Fourth, the functioning of the central level of EU competition law system is examined.
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